Bombay High Court
Prasenjit Kisanrao Tayade ... vs The State Of Maharashtra, Thr. The ... on 14 September, 2023
Bench: A.S. Chandurkar, Vrushali V. Joshi
2023:BHC-NAG:13840-DB
60-WP-5056-2023(J).odt 1/3
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
NAGPUR BENCH, NAGPUR.
WRIT PETITION NO. 5056 of 2023
Prasenjit Kisanrao Tayade (Patil)
Age 57 years, Occupation-Business,
At Post Madakhed(Bujruk),
Tq. Jalgaon (Jamod), District Buldhana. ..... PETITIONER
...V E R S U S...
1. The State of Maharashtra through the Secretary,
Urban Development Department,
Mantralaya, Mumbai-32.
2. The Director of Town Planning,
State of Maharashtra, Central Building,
Pune-1.
3. The Municipal Council (M.C.)/Nagar Parishad,
Jalgaon Jamod, through its Chief Officer,
Jalgaon-Jamod, District Buldhana.
4. Assistant Director of Town Planner,
Buldhana, Government Administrative Building,
In front of Bus Stand, Buldhana. ....... RESPONDENTS
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Shri G.K.Mundhada, Advocate for petitioner.
Shri S.A.Ashirgade, Additional Government Pleader for respondent nos.1, 2
and 4.
Shri Mangesh Bute, Advocate for respondent no.3.
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CORAM :- A.S.CHANDURKAR AND MRS. VRUSHALI V. JOSHI, JJ.
DATE :- 14th SEPTEMBER, 2023
ORAL JUDGMENT (Per A.S.CHANDURKAR, J.)
Rule. Rule made returnable forthwith and heard the learned
counsel for the parties.
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2. The petitioner is the owner of land bearing Survey No.9,
admeasuring 0.28 HR of Village Khel Amanat, Tq. Jalgaon (Jamod), District
Buldhana. The aforesaid land was shown to be reserved for shopping centre
pursuant to Reservation No.44. The development plan was published on
15.01.2006. On 17.12.2020 the petitioner issued a notice under Section 127
of the Maharashtra Regional and Town Planning Act, 1966 (for short, the Act
of 1966) calling upon the Municipal Council to purchase the aforesaid land.
In reply the Municipal Council on 12.07.2021 offered transferable
development rights to the petitioner in lieu of compensation. On the expiry
of period of twenty-four months from the service of the said notice, the
petitioner has filed the present writ petition seeking a declaration that the
reservation has lapsed under Section 127 of the Act of 1966.
3. Heard the learned counsel for the parties and perused the
documents filed alongwith the writ petition as well as the reply. The factual
aspects of land being subjected to reservation, service of purchase notice, its
receipt and reply by the Municipal Council are not in dispute. In the reply
the Municipal Council has sought to offer transferable development rights in
lieu of monetary compensation to the petitioner. The Full Bench in Shree
Vinayak Builders & Developers vs. State of Maharashtra, Nagpur Municipal
Corporation, Urban Town Planning Department [2022(4) Mh.L.J.739] has
held that offer of transferable development rights in lieu of compensation
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would not be permissible and the land owner cannot be compelled to accept
the transferable development rights in lieu of compensation. It is thus clear
that after the expiry of period of twenty-four months from the receipt of
notice dated 21.12.2020, no step towards acquisition of the petitioner's land
has been initiated. Consequently, the deeming fiction under Section 127(1)
of the Act of 1966 would operate.
4. For aforesaid reasons, it is declared that Reservation No. 44
affecting the land of the petitioner to the extent of 0.28 HR of Survey No.9 of
village Khel Amanat Tq. Jalgaon (Jamod), District Buldhana is deemed
to have lapsed under Section 127(1) of the Act of 1966. The respondent
no.2-The Director of Town Planning, Pune, shall within a period of six weeks
of receiving the copy of this judgment issue Notification indicating lapsing of
the aforesaid reservation. The petitioner is free to develop the land in the
manner permissible for the adjoining land as per the development plan.
5. Rule is made absolute in aforesaid terms with no order as to
costs.
(MRS. VRUSHALI V. JOSHI, J.) (A.S.CHANDURKAR, J.)
Andurkar..
Signed by: Jayant S. Andurkar
Designation: PA To Honourable Judge
Date: 16/09/2023 10:25:00
